Duty To Assist Is Misleading

[63SIERRA]

They tell you the VA has a duty to assist getting medical records from different places but they dont tell you its your repsponsibilty to provide a date range of the records pertaining to your claim,. I beieve they actually used that manuever to deny at least one of my claims.

So your best bet is to copy, and send them medical records that pertain to your claim, and give the accurate date ranges.

if they wont even look thru medical records to decide claims, what can they be so busy doing at these ROs? Probably playing word games,,, hmmmm whats a good word to downplay a broken leg>

answer, leg was hyperextended to the point of maximum flexation. DENIED SUCCA ,,,!!!

[meghp0405]

its been my experience that when the VA requests medical records they will request all records from the doctor you listed, unless you specifically put a diagnosis that you are looking for.

This goes back to what I tell each and every individual that darkens my doorway, lets obtain your records before we even start on doing the claim. It saves the veteran months off their claims if they will obtain all medical records themselves.

I understand that the VA has a duty to assist, but I'm extremely positive that they take shortcuts in doing so. I have many, many examples where this has happened to some vets that I have assisted.

GET YOUR OWN RECORDS and submit an fully developed claim!

AIRBORNE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Stretch]

Meghp0405, is giving excellent advice.

I have found that the VA will send 1st., 2nd, and 3rd request for records, each taking 30 days for response. It might be that records are in archive in another building and not available at the time of request. This process will take at least 4 months for you to get an answer that the records are not there. If you request the records again the VA will go through this same process in a loop. No Records

All the VA can do is request. If they don't get an answer it is tough luck. Sometimes they will not even tell you that the records weren't sent. Even if the VA does get the records the timing might be off in you decision.

It took me years to find this out. I went after the records myself.

Kaiser hospital medical records were archived in another building. I explained to the records woman that I was in need of these records to prove service connection. She went after them. She also sent me a copy and the VA a copy. It only took 15 days for me to get them myself.

[63SIERRA]

its been my experience that when the VA requests medical records they will request all records from the doctor you listed, unless you specifically put a diagnosis that you are looking for.

This goes back to what I tell each and every individual that darkens my doorway, lets obtain your records before we even start on doing the claim. It saves the veteran months off their claims if they will obtain all medical records themselves.

I understand that the VA has a duty to assist, but I'm extremely positive that they take shortcuts in doing so. I have many, many examples where this has happened to some vets that I have assisted.

GET YOUR OWN RECORDS and submit an fully developed claim!

AIRBORNE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

damn good advice,. I have abt 450 pages of medical records,, they are simply not going to go thru every page to help me, so im doing it myself. its amazing what you find. just take your time, and read every page.

[63SIERRA]

well they had access to all of my medical records, ive been getting treatment at the same vamc since 2003. all of the records were there, in release of information because I got copies myself, so they had access,. they denied one of my claims because I didnt give them a date range to look for the contention I claimed. they take advantage of a veterans ignorance of the process.

anyone who is trusting would figure that giving them the location of your medical records, with permission to access them, would be enough. especially if u are treated at a va hospital. thats thier job right, to sift thru records, and help me get service connected. WRONG. they look for way to deny you on technicalites.

[confusion99%]

Yea, the first time I put in a claim for my Diabetes II back in 2002, I did so under AO presumptive. My trips in country were all TDY's as we maintained a detachment there. My PCS station was in the Philippines.

They denied the claim staying there was nothing in my records that shows I was in country. I later was told there were NO TDY orders in my records at all, evidently they had been purged. Well years later I cam across a copy of one of TDY orders and reopended the claim with new evidence. After filing the claim, I noticed on ebenefits that the requested copy of TDY orders from my records. It was amazing they had copies out of my service record within 10 days. But, the first time before I sent them a copy, they denied their existence. So much for their efforts to locate them. It was more difficult to hide when I sent them a copy. When claim was approved, effective date was the 2002 date.

[63SIERRA]

It seems so much like the attitude of the va is to deny at all cost, and if the veteran gets wise and puts the va in pickle with evidence, and they have no other place to hide , then they concede, and pay. Think how many veterans never file a claim, and never get any treatment at VAMC after they are discharged. How much money they must save, when that occurs. When they can get away with denying just one contention from one veteran, think how much money they must save. The internet is NOT the vas FRIEND, the internet is the VETERANS friend. We need to keep circulating information, to try and gives vets half a chance. The va is already looking for alternate ways to deny claims, specifically with the paper less system. If you dont believe that will become a headache, and a hassle, that will put up a stone wall in front of veterans, just look at the system so far. Ebenifits personel cannot even update ebenefits or change anything on ebenefits. If you call the va, they say they cant update anything either. They have created a system that is not connected, with no reciprocity. Heres and example. I noticed on ebennies that they have listed that I have never served in a combat zone. WRONG. I served close to 6 months. I called e bennies, they said they could not change it, and transfereed med to Va. Va said they could not change it, and werent sure if thier system had me as a combat vet or not. They said that the information that I served may have not been VERIFIED. ok capt Picard, how do we get it VERIFIED that I was in a combat zone. Answer... Sir Im not sure, im an information tech out of st, louis, I would recommend u send in proof to the RO where your claim is being handled. HMMMI ask, they have had access to all of my information for going on 22 years now. why in the hell would they not have my record of combat service? cant u just call the RO and tell them to change the information?

This is what the future holds in this new system that is being implemented. They are going to get even more careless than they already are, and the blame the " computer program" for all of the problems. They are going to make things so hard to track and keep straight, many vets will become weary and just give up. I have been wondering, if the reason some of my claims were denied is because they have wrong information. presumptives from the persian gulf war I was denied, may be because they dont have me listed as a combat vet.

Edited November 27, 2013 by 63SIERRA